[HISTORY: Adopted by the Town Board of the Town of Red Hook 8-8-2006
by L.L. No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 74.
A.
This chapter is adopted pursuant to the authority of
Article 2, § 10, of the New York State Municipal Home Rule Law.
B.
The Town of Red Hook Code Enforcement Officer, or any
other person who may hereafter be designated by resolution of the Town Board,
Town of Red Hook, is hereby authorized in the name and on behalf of the Town
of Red Hook to undertake and prosecute any proceedings necessary or appropriate
to enforce compliance with this chapter.
It is generally recognized that the types of fuel used, and the scale
and duration of burning by outdoor wood-burning furnaces, create noxious and
hazardous smoke, soot, fumes, odors and air pollution, can be detrimental
to citizens' health, and can deprive neighboring residents of the enjoyment
of their property or premises. Therefore, with the adoption of this chapter,
it is the intention of the Town Board of the Town of Red Hook to establish
and impose restrictions upon the operation of outdoor wood-burning furnaces
within the limits of the Town of Red Hook for the purpose of securing and
promoting the public health, comfort, convenience, safety, welfare and prosperity
of the Town and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
Any accessory appliances, designed and intended, through the burning
of wood, for the purpose of heating the principal structure or any other site,
building, or structure on the premises.
Any person who owns the property at the time the outdoor wood-burning
furnace has been installed and/or operated or occupies the property and utilizes
such outdoor wood-burning furnace.
The construction and operation of outdoor wood-burning furnaces are
hereby prohibited within the Town of Red Hook.
A.
Any person who shall violate any provision of this chapter
shall be guilty of a violation as defined in Article 10 of the New York State
Penal Law, and shall, upon conviction, be subject to a fine of not more than
$250 or to imprisonment for not more than 15 days, or both such fine and imprisonment.
Each week's violation shall constitute a separate and distinct offense.
B.
Compliance with this chapter may also be compelled and
violations restrained by order or by injunction of a court of competent jurisdiction.
A.
Except as hereinafter provided, the lawful use of any
outdoor wood-burning furnace existing at the time of the adoption of this
chapter which has received a permit from the Town of Red Hook may be continued,
although such use does not conform with the provisions of this chapter.
B.
All existing outdoor wood-burning furnaces must be in
strict compliance with the manufacturer's specifications pertaining to
installation, operation and maintenance. In the event of a conflict, the regulations
promulgated hereunder shall apply, unless the manufacturer's instructions
are stricter than the regulations promulgated hereunder, in which case the
manufacturer's instructions shall apply.
C.
A no-burn period for existing boilers shall be in place
from May 1 through October 1.
D.
Fuel shall only be natural untreated wood or fuels specifically
permitted by the manufacturer. Notwithstanding the foregoing, the following
fuels are strictly prohibited:
E.
The minimum chimney height on all existing outdoor wood-burning
furnaces shall be a minimum of 15 feet above the outdoor furnace.
F.
All existing outdoor wood-burning furnaces must be equipped
with a properly functioning spark arrestor.
G.
No outdoor wood-burning furnace existing at the time
of the adoption of this chapter shall thereafter be extended or enlarged.
H.
Any existing outdoor wood-burning furnace which is unused,
abandoned or discontinued for a period of 12 consecutive months shall not
be permitted to be reestablished as a nonconforming use, and must be immediately
removed by the property owner from the subject premises.
(1)
If the property owner fails to remove the outdoor wood-burning
furnace by the end of said twelve-consecutive-month period, the Town of Red
Hook Code Enforcement Officer shall give written notice by certified mail
or personal service to the owner of the property upon which the outdoor wood-burning
furnace is located. Such notice shall provide that said owner shall remove
the outdoor wood-burning furnace within 15 days of the date the notice is
either postmarked or personally served upon the owner.
(2)
Should the outdoor wood-burning furnace not be removed
within the time specified, the Code Enforcement Officer shall take reasonable
steps to effect its removal.
(3)
The costs incurred by the Town to effect said removal
(including any attorneys fees incurred by the Town to effect the removal),
plus an amount equal to 50% of said costs of removal, shall be charged to
the owner of said premises. Said expense shall be paid by the owner of the
property so affected within 30 days from the date said costs are presented
to the owner. If said expense is not paid within said thirty-day time frame,
then said expense shall be charged to the property so affected by including
such expense in the next annual Town tax levy against the property.
I.
No existing outdoor wood-burning furnace which has been
damaged by any reason to the extent of more than 75% of its assessed value
for Town of Red Hook tax purposes shall be repaired or rebuilt.
